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Education Under Attack: Right To Education of Children in The Red Corridor Region, India
Education Under Attack: Right To Education of Children in The Red Corridor Region, India
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ABSTRACT: Over the years, India's access to education has significantly increased, and attempts are being
undertaken to enhance learning consistency and quality. This general tendency, nevertheless, conceals
inequalities encountered by some young children due to situational conditions like poverty, gender inequalities,
as well as contextual disadvantages such as living in armed conflict zones across time. Studies have proved that
these interacting and frequently unpredictable circumstances can work independently to restrict schooling
enrolment and learning quality of a child. Furthermore, these crossings may augment limitations as well as
determine possibilities and distribution of educational resources to differing degrees, thereby putting girls and
boys impacted by armed conflict, farther behind. The authors through this article explore the link between
armed conflict dynamics and education of young boys and girls in conflict-affected regions of India as against
the need of Safe School Declaration Guidelines to resolve the issue of use of schools by the military and para
military forces in the red corridor region of India. In doing so, the paper examines school enrolment rate,
dropout probability, and learning results, as well as the interfering factors which influence these variables
through analysis of the authentic state-wide and district-wise data. The authors further suggest reformatory
measures in relation to improve education quality in the conflict affected regions for overall development of the
child and society at large.
KEYWORDS: Armed Conflict, Children, India, Lucens Guidelines, Military use of Schools, Safe School
Declaration.
1. INTRODUCTION
1
States affected by Left Wing Extremism ranging from the western Ghats to the Eastern Ghats and the south
regions of India.
2
3 in 10 young people in conflict or disaster-stricken countries are illiterate. UNICEF. (n.d.). Retrieved
February 4, 2022, from https://www.unicef.org/press-releases/3-10-young-people-conflict-or-disaster-
stricken-countries-are-illiterate-
unicef#:~:text=NEW%20YORK%2C%2031%20January%202018,global%20rate%2C%20UNICEF%20
said%20today.
2
UNHCR: Conflict, violence, climate change drove displacement higher in first half of 2021 [en/AR] - world.
ReliefWeb. (n.d.). Retrieved February 4, 2022, from https://reliefweb.int/report/world/unhcr-conflict-
violence-climate-change-drove-displacement-higher-first-half-2021-enar.
3
Education under attack 2014. Global Coalition to Protect Education from Attack. (2021, July 20). Retrieved
February 4, 2022, from https://protectingeducation.org/publication/education-under-attack-2014/
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2011 reported about 800,000 school children not attending school due to armed violence surrounding the
academic institution or the academic institution existing in an armed conflict zone (UN, 2021).4
Statistics show that today’s conflicts continue for about 10 years on an average, and studies depict the
normal time span for children and their families living in these internally displaced regions as approximate 17
years, which calculates to the child’s primary developing years (UNICEF DATA, 2021).5 In conflict affected
countries, there are generations of children and adults who have not received any formal education due to varied
reasons and it is within this context that providing education to children in armed conflicts is progressively
becoming recognised as a source of protection and development (Byrne et.al., 2021)6 However the regional as
well as international donor community still continues to prioritize food, water, medical and shelter assistance in
its humanitarian response therefore providing of quality education is viewed as a secondary priority.
Nonetheless, education poorly underfunded, despite its importance in levelling the playing field for the most
vulnerable children and young adults, just 3.6% of humanitarian money is dedicated to supporting education for
children living in crises zones, making it one of the least financed sectors in humanitarian requests (Global
Humanitarian overview 2021).7
Though, with a shift in perspectives by researchers, both doctrinally and on the field, the importance of
education being provided in the conflict zones itself does save a child’s life as out of school children are clear
candidates for mistreatment, abuse, and enlistment in armed forces (Østby, 2018).8 Therefore with alarming
statistics above, it evidently proves that the states that do not consider education as one of an important factor in
a child’s development are risking the countries overall growth which in turn affects the SDG Principles of
development. Therefore, the scope and objective of this paper is to analyse the impact caused on education of a
child living in armed conflict zones of India and suggest reformative measures for the same.
Like studies with respect to quality education in conflict-affected countries, depict common concerns
of education institutes used by armed forces which include a high student dropout rate (Gohain, 2021)9 vs
reduced enrolment percentage, overpopulation, unqualified teachers, a lesser amount of school supplies and low
teaching time (RELIEFWEB , 2020) (Jones & Naylor, 2014),10 similarly this research too views the enrolment
and the drop out percentage-wise.
Table 1: Enrolment of students, 2019-20
4
#YouthStats: Armed conflict – office of the secretary (n.d.). Retrieved February 4, 2022, from
https://www.un.org/youthenvoy/armed-conflict/
5
Child displacement and refugees. UNICEF DATA. (2021, December 3). Retrieved February 4, 2022, from
https://data.unicef.org/topic/child-migration-and-displacement/displacement/
6
Byrne, S., Matyók Thomas, & Scott, I. M. (2021). Routledge companion to peace and conflict studies.
Routledge, Taylor & Francis Group.
7
Reliefweb - informing humanitarians worldwide. (n.d.). Global Humanitarian overview 2021. Retrieved
February 4, 2022, from https://reliefweb.int/sites/reliefweb.int/files/resources/GHO2021_EN.pdf
8
Østby, G., Urdal, H., & Dupuy, K. (2018). Does education lead to pacification? A systematic review of
statistical studies on Education and political violence. Review of Educational Research, 89(1), 46–92.
https://doi.org/10.3102/0034654318800236.
9
Gohain, M. P. (2021, July 1). UDISE report: 9 States/ UTS record over 25% dropout rate at secondary level -
times of India. The Times of India. Retrieved February 4, 2022, from
https://timesofindia.indiatimes.com/home/education/news/udise-report-9-states/-uts-record-over-25-
dropout-rate-at-secondary-level/articleshow/84039449.cms
10
2020: Gender matters - Reliefweb. (n.d.). Retrieved February 4, 2022, from
https://reliefweb.int/sites/reliefweb.int/files/resources/gender-matters-swoc-report.pdf
Also See, Amir Jones & Ruth Naylor, The quantitative impact of armed conflict on education, Retrieved
February 4, 2022, from https://inee.org/system/files/resources/CfBT_023_Armed_Conflict_Online.pdf.
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11
UDISE+ Dashboard. UDISE+ Dashboard. (Ministry of Education, Government of India). Retrieved February
4, 2022, from https://dashboard.udiseplus.gov.in/
12
Scheme for Naxal Affected Areas. (Government of India). Retrieved February 4, 2022, from
https://pib.gov.in/newsite/PrintRelease.aspx?relid=83980.
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regions of India, including Tripura, Manipur, Nagaland, and Assam, interrupting learning of an approximate
20,800 children. Insurgents targeted 140 schools in India between 2009 and 2012, and state troops frequently
used schools as barracks or camps.
Little has changed since the Apex Court's decision to remove occupying schools in February 2011 in
the judgement of Nandini Sundar and Ors. v. State of Chhattisgarh, wherein the court ordered the
military and paramilitary groups to leave the academic institutions. However, since the passing of the order,
there has been no surveillance of schools, colleges and universities to verify if the order has been compiled with.
The Indian governments lax attitude and decision making of first, employing teenagers to fight the insurgent and
secondly reviewing courts order, exemplifies the growing statistics of military use of schools in India.
Despite the courts order being passed in 2011, 8 children died in December 2013 in an abandoned Manipur
school complex where Indian military troops had established a base-camp (Singh, L. M. 2014).13 The below
table between 2008-2011 demonstrates the violence caused to school buildings in the conflict affected regions
(SATP, 2019).14
Table 3: Violence caused due to military use of school buildings
Jharkhand 4 37 7 6 (6)
Bihar 0 25 21 71 10 39 14 (10) 21 (31)
Maharashtra 2 1 0 -
Orissa 0 5 8 0 (7)
Also, according to the 2020 UNSC report on Children in Armed Conflict, it is stated that the UN
verified the use of 7 schools by state armed forces for 4 months (UNHCR, 2020).15 During 2015- 2019, at least
one recorded attack on academic institution occurred in 93 nations, including India(Global Terrorism Index,
2022).16 During 2015 to 2019, state and non-state forces exploited institutions for military objectives in 34
nations, again one of which is India, wherein academic institutions were transformed to military basecamps,
enemy detainment centres, and arms storage (UNHCR, 2020).17 In the United Nations report, India among 17
other nations are said to have enrolled children from schools. In 2020, there were 535 documented school
assaults, a 17% increase over 2019. A local school in Sukma region of Chhattisgarh, was demolished and shut
like many other academic blocks during the growing movement of Salwa Judum. However, in 2019, after 13
years, the school welcomes education with open arms but the student enrolment rate is still low (Hindustan
Times, 2019).18 Nevertheless, developing nations like India constantly face challenges to untangle the
13
Singh, L. M. (2014). State of electoral rights in conflict situation: The case of Manipur, India. IOSR Journal
of Humanities and Social Science, 19(1), 105–113. https://doi.org/10.9790/0837-1914105113
14
Maoist data sheets (updated till June 23, 2019). Maoist Datasheets - South Asia Terrorism Portal. (n.d.).
Retrieved February 5, 2022, from
https://www.satp.org/satporgtp/countries/india/maoist/data_sheets/maoist_datasheet.html
15
Children and armed conflict - report of the secretary-general (A/74/845–S/2020/525) - world. ReliefWeb.
(UN). Retrieved February 5, 2022, from https://reliefweb.int/report/world/children-and-armed-conflict-
report-secretary-general-a74845-s2020525
16
Global terrorism index. Vision of Humanity. (2022, January 31). Retrieved February 5, 2022, from
https://www.visionofhumanity.org/maps/global-terrorism-index/
17
Children and armed conflict - report of the secretary-general (A/74/845–S/2020/525) - world. ReliefWeb.
(UN). Retrieved February 5, 2022, from https://reliefweb.int/report/world/children-and-armed-conflict-
report-secretary-general-a74845-s2020525
18
Demolished by Maoists, five schools reopen in Chhattisgarh after 13 years. Hindustan Times. (2019, July 1).
Retrieved February 5, 2022, from https://www.hindustantimes.com/india-news/demolished-by-moaists-
five-schools-reopen-in-chhattisgarh-after-13-years/story-mJooDzA5cUR71xfcg0vqFM.html.
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interrelationships between war, administrative instability of a state, slower fiscal growth, thus leading to less
student enrolment in academic institution in armed conflict zones (Srivastava, 2017).19
3. CAMOUFLAGING THE CLASSROOM VIS A VIS THE IMPLEMENTATION LAWS
PROTECTING EDUCATION IN THE RED CORRIDOR REGION OF INDIA
Global learning system as long been regarded as the most important requirement for a civilized existence, a
means of emancipation, and a foundation of empowerment. Strong leaders, policy makers, social theorists,
researchers, Democratic and anti-democratic reformers have traditionally emphasised the importance
of education as a cure-all for societal isues and uncivilised civilizations. Nonetheless, even with this
transformation, the majority of spending has been borne by state governments, while the central government's
financial outlay has stayed inadequate. Whereas it is essential that the states educate all children below 14
years through a policy of free and compulsory education, the budgetary allocations speak otherwise.
The percentage hike in budgetary allocations is much less than the 6% which was recommended by
the 1963-66 Education Commission (Kothari commission, 1964-66).20 Nevertheless the RTE act does not
mention clear guidelines with regard to military usage of schools leading to frequent use of educational
institutions for a variety of objectives being a common sight in conflict affected countries. Transforming
classrooms into prisons and detention centres, setting base camps, placing snipers in classroom windows and
building a fortress atop school buildings from which they can view the surrounding region, placing guns in the
corridor, concealed explosives beneath benches, and stationed armoured personnel carriers in sports facilities of
an education institutions in conflict affected regions are headlines of national dallies (The Indian
Express,2018).21 Also, the efficiency of schooling in conflict-affected areas, continues to be a significant
concern, as educators are not qualified to minimum requirements. This has overall impacted education in
conflict affected regions.
Military usage of educational institutions, a place of safe learning for children even during times of
conflict, disrupts their entire learning process. The Safe Schools Declaration's guidelines for schools against
military usage, draw on an array of previous national attempts to prohibit or limit the practise. Given the
evidence of the adverse repercussions of using educational institutions for conflict purposes, the state armed
forces with regional backing, need to strictly implementation the guidelines to prevent the use of schools for
military purposes. The Declaration is a multi-governmental commitment which allows nations to articulate their
assistance for safeguarding educators, students, and educational institutions from threats of being in an armed
conflict zone; the significance of continuing education during situations of hostilities; and the execution of
practical steps to discourage the state use of schools. By signing the Declaration, counties, including
India committed to taking numerous conventional steps to reduce the likelihood of attacks. these steps
include; collecting solid statistics of incidents of military use of educational establishments; offering aid to
patients of such threats; and examining accusations of breaches of national and international law.
The Secretary - general recommended India to support the Safe Schools Declaration and the Vancouver
Principles. Furthermore, he also encouraged the government to guarantee that juveniles are only imprisoned as a
last measure and for the shortest possible timeframe, and avoid any types of suffering in confinement. India has
refused signing the declaration as the Indian legal system already prohibits the use of educational institutions for
strategic operations. Manoeuvring government troops are not permitted to intrude, much less even encamp, in
academic institutions establishments.
19
Srivastava, A. (2017, April 28). A shocking surge. India Today. Retrieved February 5, 2022, from
https://www.indiatoday.in/magazine/msn-it/story/20170508-child-soldiers-maoists-jharkhand-986259-
2017-04-28
20
Maintaining 6 % expenditure of GDP on education in. (Kothari commission, 1964-66) Retrieved February 5,
2022, from http://www.ijmas.com/upcomingissue/14.02.2018.pdf
21
School in naxal hotbed prepares kids to fight gun with pen. The Indian Express. (2018, June 3). Retrieved
February 5, 2022, from https://indianexpress.com/article/education/school-in-naxal-hotbed-prepares-
kids-to-fight-gun-with-pen-5202409/
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The Requisitioning and Acquisition of Immovable Property Act, clearly states that no property or
portion thereof shall be requisitioned. 22 Also as stated Calcutta High Court in 2009, November 24, restores
control of schools and the expenses borne in midst of the same by police officers utilizing power and any
damages caused by the government troops within these institutions would be met by the State Government in no
time, however the activities of them occupying the schools had to be immediately stopped (W.P. No. 16442(W)
of 2009).
As the number of military usage of schools did not reduce, the court in the case of Exploitation of
Children in Orphanages in the State of Tamil Nadu v. Union of India and others, Act No. 30 of 1952, March 14,
1952, stated that it is to be ensured by the government that school buildings and hostels permitted to be occupied
by state and/or non-state armed forces for whatsoever purpose should be stopped instantly. Further this same
order was supported by the case of Nandini Sundar and others v. The State of Chhattisgarh,( W.P. (Civil) No.
250 of 2007, Supreme Court of India, order of January 18, 2011 India) wherein the court passed a strict
directional order for the forces to vacate all the educational institutions, school buildings and hostels. However,
with no monitoring system for these orders passed by the courts, Judiciary again took the step of passing the
order in 2001 wherein it was strictly stated that the schools should not be closed for the reason that the
classrooms have been converted into barracks as education of a child is his/her basic right and the state should
do everything in its power to ensure the same (C.W.J.C. No. 4787 of 1999, High Court of Patna, order of
January 2, 2001).
23
Minister of State for External Affairs Meenakshi Lekhi said during an open debate on ‘UN Peacekeeping
Operations-Transitions’ at the UNSC.
24
CRC, Article 28 states that every child including children living in countries or areas of armed conflict have
the rights to education as a basic right even during conflict and all state parties to the UNCRC have an
obligation to fulfil the same.
Also Refer: article 29, CRC.
25
UDHR 1948.
26
Article 13 The international covenant of economic, social and cultural rights, 1966.
27 th
4 Geneva Convention of 1949 article 24 to be read with article 52 (1) of the protocol I of 1977.
28
Among like SCR 1261, passed in 1999, SCR 1379 (2001), SCR 1539 (2004), SCR 1612 (2005), and SCR
1612 (2006), SCR 1882 (2009), the SCR 1998 establishes a solid foundation for tackling the issue of attacks on
schools
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solutions for breaches to the RTE, adopting of physical protective security mechanisms to shield possible
targets, as well as implementing programmes of substitute teaching and learning to guarantee that education is
not disrupted. Such an outline shall will reflect empowerment and render expressive contribution to society at
large.
5. REFERENCES
[1]. #YouthStats: Armed conflict – office of the secretary (n.d.). Retrieved February 4, 2022, from
https://www.un.org/youthenvoy/armed-conflict/
[2]. 2020: Gender matters - Reliefweb. (n.d.). Retrieved February 4, 2022, from
https://reliefweb.int/sites/reliefweb.int/files/resources/gender-matters-swoc-report.pdf
[3]. 3 in 10 young people in conflict or disaster-stricken countries are illiterate. UNICEF. (n.d.). Retrieved
February 4, 2022, from https://www.unicef.org/press-releases/3-10-young-people-conflict-or-disaster-
stricken-countries-are-illiterate-
unicef#:~:text=NEW%20YORK%2C%2031%20January%202018,global%20rate%2C%20UNICEF%20sa
id%20today.
[4]. 4th Geneva Convention of 1949 article 24 to be read with article 52 (1) of the protocol I of 1977.
[5]. Act No. 30 of 1952, March 14, 1952, art. 3 [India]
[6]. Amir Jones & Ruth Naylor, The quantitative impact of armed conflict on education, Retrieved February 4,
2022, from https://inee.org/system/files/resources/CfBT_023_Armed_Conflict_Online.pdf.
[7]. Article 13 The international covenant of economic, social and cultural rights, 1966.
[8]. Byrne, S., Matyók Thomas, & Scott, I. M. (2021). Routledge companion to peace and conflict studies.
Routledge, Taylor & Francis Group.
[9]. C.W.J.C. No. 4787 of 1999, High Court of Patna, order of January 2, 2001 [India].
[10]. Child displacement and refugees. UNICEF DATA. (2021, December 3). Retrieved February 4, 2022, from
https://data.unicef.org/topic/child-migration-and-displacement/displacement/
[11]. Children and armed conflict - report of the secretary-general (A/74/845–S/2020/525) - world. ReliefWeb.
(UN). Retrieved February 5, 2022, from https://reliefweb.int/report/world/children-and-armed-conflict-
report-secretary-general-a74845-s2020525
[12]. Children and armed conflict - report of the secretary-general (A/74/845–S/2020/525) - world. ReliefWeb.
(UN). Retrieved February 5, 2022, from https://reliefweb.int/report/world/children-and-armed-conflict-
report-secretary-general-a74845-s2020525
[13]. CRC, Article 28 states that every child including children living in countries or areas of armed conflict
have the rights to education as a basic right even during conflict and all state parties to the UNCRC have
an obligation to fulfil the same. Also Refer: article 29, CRC.
[14]. Demolished by Maoists, five schools reopen in Chhattisgarh after 13 years. Hindustan Times. (2019, July
1). Retrieved February 5, 2022, from https://www.hindustantimes.com/india-news/demolished-by-moaists-
five-schools-reopen-in-chhattisgarh-after-13-years/story-mJooDzA5cUR71xfcg0vqFM.html.
[15]. Education under attack 2014. Global Coalition to Protect Education from Attack. (2021, July 20).
Retrieved February 4, 2022, from https://protectingeducation.org/publication/education-under-attack-2014/
[16]. Global terrorism index. Vision of Humanity. (2022, January 31). Retrieved February 5, 2022, from
https://www.visionofhumanity.org/maps/global-terrorism-index/
[17]. Gohain, M. P. (2021, July 1). UDISE report: 9 States/ UTS record over 25% dropout rate at secondary
level - times of India. The Times of India. Retrieved February 4, 2022, from
https://timesofindia.indiatimes.com/home/education/news/udise-report-9-states/-uts-record-over-25-
dropout-rate-at-secondary-level/articleshow/84039449.cms
[18]. Maintaining 6 % expenditure of GDP on education in. (Kothari commission, 1964-66) Retrieved February
5, 2022, from http://www.ijmas.com/upcomingissue/14.02.2018.pdf
[19]. Maoist data sheets (updated till June 23, 2019). Maoist Datasheets - South Asia Terrorism Portal. (n.d.).
Retrieved February 5, 2022, from
https://www.satp.org/satporgtp/countries/india/maoist/data_sheets/maoist_datasheet.html
[20]. Minister of State for External Affairs Meenakshi Lekhi said during an open debate on ‘UN Peacekeeping
Operations-Transitions’ at the UNSC.
[21]. Østby, G., Urdal, H., & Dupuy, K. (2018). Does education lead to pacification? A systematic review of
statistical studies on Education and political violence. Review of Educational Research, 89(1), 46–92.
https://doi.org/10.3102/0034654318800236 .
[22]. Reliefweb - informing humanitarians worldwide. (n.d.). Global Humanitarian overview 2021. Retrieved
February 4, 2022, from https://reliefweb.int/sites/reliefweb.int/files/resources/GHO2021_EN.pdf
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ISSN: 1308-5581 Vol 14, Issue 03 2022
[23]. Scheme for Naxal Affected Areas. (Government of India). Retrieved February 4, 2022, from
https://pib.gov.in/newsite/PrintRelease.aspx?relid=83980.
[24]. School in naxal hotbed prepares kids to fight gun with pen. The Indian Express. (2018, June 3). Retrieved
February 5, 2022, from https://indianexpress.com/article/education/school-in-naxal-hotbed-prepares-kids-
to-fight-gun-with-pen-5202409/
[25]. SCR 1261, passed in 1999, SCR 1379 (2001), SCR 1539 (2004), SCR 1612 (2005), and SCR 1612 (2006),
SCR 1882 (2009) and the SCR 1998
[26]. Singh, L. M. (2014). State of electoral rights in conflict situation: The case of Manipur, India. IOSR
Journal of Humanities and Social Science, 19(1), 105–113. https://doi.org/10.9790/0837-1914105113
[27]. Srivastava, A. (2017, April 28). A shocking surge. India Today. Retrieved February 5, 2022, from
https://www.indiatoday.in/magazine/msn-it/story/20170508-child-soldiers-maoists-jharkhand-986259-
2017-04-28
[28]. UDISE+ Dashboard. UDISE+ Dashboard. (Ministry of Education, Government of India). Retrieved
February 4, 2022, from https://dashboard.udiseplus.gov.in/
[29]. UNHCR: Conflict, violence, climate change drove displacement higher in first half of 2021 [en/AR] -
world. ReliefWeb. (n.d.). Retrieved February 4, 2022, from https://reliefweb.int/report/world/unhcr-
conflict-violence-climate-change-drove-displacement-higher-first-half-2021-enar.
[30]. W.P. (Civil) No. 250 of 2007, Supreme Court of India, order of January 18, 2011 [India]
[31]. W.P. (Criminal) No. 102 of 2007, Supreme Court of India, order of September 1, 2010 [India]
[32]. W.P. No. 16442(W) of 2009
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